Dobbs v. Cates' Estate
Missouri Court of Appeals
Appeal from the Cedar Circuit Court. — Hon. D. P. Stratton, Judge. (1) We submit that there was no testimony on the trial in the court below to sustain the finding of the jury. (2) The instruction given liy the coart on the motion of the plaintiff, in effect, told the jury to find a verdict for the plaintiff for $118.35, if they found the deceased was indebted to the plaintiff in any sum, and is misleading. (3) Defendant’s first instruction should have been given.
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Appeal from the Cedar Circuit Court. — Hon. D. P. Stratton, Judge. (1) We submit that there was no testimony on the trial in the court below to sustain the finding of the jury. (2) The instruction given liy the coart on the motion of the plaintiff, in effect, told the jury to find a verdict for the plaintiff for $118.35, if they found the deceased was indebted to the plaintiff in any sum, and is misleading. (3) Defendant’s first instruction should have been given. It is expressly provided by statute that the affidavit of a party seeking to have a demand allowed against an estate shall not be…
1Opinion of the CourtEllison, J.
This action is based on an account for services rendered, for corn and oats furnished to deceased, and for board of deceased. The account was for $126.85, with a credit of $8.50, leaving a balance of $118.35. The plaintiff prevailed in the probate court, and, on appeal, in the circuit court.
The judgment is attacked, for the alleged reason *660that there is no evidence supporting it. We have read the record, and find there was evidence upon which the jury could make a finding for plaintiff. Defendant’s evidence tended strongly to overcome that for plaintiff, by showing that plaintiff, since the…
2Cases cited2 opinions
- Koch v. HebelMissouri Court of Appeals · 1888
- Powell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
3Cited by1 opinion
- McKnight-Keaton Grocery Co. v. HudsonMissouri Court of Appeals · 1906